Humboldt: Judge rules three of four men to stand trial in Fortuna home invasion

A Humboldt County judge on Friday found sufficient evidence to hold Gregory Stephens and Wyatt Williamson, two of the four men accused in a Fortuna home invasion, to stand trial on felony charges of first degree burglary, attempted kidnapping, two felony counts of false imprisonment by violence and two misdemeanor counts of false imprisonment by violence.

Superior Court Judge Marilyn Miles also found sufficient evidence to hold defendant James O'Neil over for trial on an aiding and abetting first degree burglary charge. Miles ruled on Thursday that there was insufficient evidence tying defendant Trevor Bohn to the case.

All four men had pleaded not guilty to 11 felony charges filed by the District Attorney's Office relating to the September incident that sent five to the hospital, including at least two children, after they were doused with bear pepper spray.

Stephens, Williamson and O'Neil are scheduled to be arraigned on March 14.

In making her decision Friday, Miles said that she would not be holding any of the men to answer to four separate counts of assault with a caustic chemical because she had been offered no proof that bear pepper spray qualified as a caustic chemical.

On Thursday, Stephens' attorney Patrik Griego submitted multiple examples of California case law showing that bear pepper spray did not constitute a caustic chemical, indicating that the District Attorney's Office may have made an error in issuing those charges.

Following her ruling Friday, Miles indicated that the testimony presented during the lengthy preliminary hearing may support the District Attorney's Office bringing forward new, lesser charges relating to the use of bear pepper spray.

Deputy District Attorney Luke Brownfield said he would have to discuss the matter with his supervisors, but believed the District Attorney's Office would likely be filling charges "more in line with Miles' recommendation" as the case moved forward.

"We expect that process to continue," Robinson said. "I am confident the truth will come out, and justice will be done."

O'Neil's attorney Kathleen Bryson expressed a similar confidence following Friday's ruling, complimenting Miles as well as her co-counsel, Bragg, Robinson and Griego.

"In a probable cause hearing, it is very low standards," she said. "I am confident going forward that this slim connection of my client driving the truck away will be seen for what it is, which is complete non-involvement on something that wasn't even anything to begin with."